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18 <br />SECTION 5 <br />Time and Performance: Contractor shall begin the services to be performed under this <br />Agreement upon Notice to Proceed from the County, and shall take any necessary actions to <br />assure readiness for, and successful completion of, the Household Hazardous Waste Collection <br />Program, the Conditionally Exempt Small Quantity Generator Program, and the provision of <br />services to Local Government entities and Public School Systems within or mostly within Orange <br />County. <br />SECTION 6 <br />Termination: Either Contractor or the County may terminate this Agreement for convenience and <br />without cause, upon one hundred twenty (120) days' prior written notice to the other parry. Such <br />termination shall be without prejudice to any remedy Contractor or the County may have <br />pertaining to this Agreement. In the event of termination, any work in progress will continue to <br />completion unless specified otherwise in the notice of termination. The County shall pay for any <br />such work in progress that is completed by Contractor and accepted by the County. <br />SECTION 7 <br />Excuse of Performance: The County's obligation to deliver and Contractor's obligation to accept <br />for disposal any waste pursuant to this Agreement may be suspended by either party in the event <br />of any of the following events which prevent the delivery, transportation, acceptance, treatment, <br />incineration, or disposal of the Waste: act of God, waz, riot, fire, explosion, accident, flood, <br />sabotage; compliance with governmental requests, laws, regulations, orders or actions; revocation <br />or modification of governmental permits or other required licenses or approvals; national defense <br />requirements or any other event beyond the reasonable control of such party; labor trouble, strike, <br />lockout or injunction; provided, however, that the event is not due to acts or omissions which are <br />in the reasonable control of the party claiming an excuse of performance, and further provided <br />that neither party shall be required to settle a labor dispute against its own best judgment. The <br />parties shall use their best efforts to perform this Agreement upon the cessation of the event <br />giving rise to the delay. <br />SECTION 8 <br />Generator of and Title to Waste: The Contractor shall be deemed to be the "Generator" for <br />record keeping and paperwork purposes, of all household hazardous wastes accepted by the <br />Contractor during the Household Hazazdous Waste Program from residents of the County's <br />service azeas. The "Generator" of the Waste pursuant to applicable law shall be determined in <br />accordance with applicable law. <br />Title to all identified household hazardous wastes accepted by the Contractor while performing <br />household hazardous waste management services under this Agreement for transport, recycling <br />and disposal by the Contractor shall pass directly from program participants to the Contractor at <br />the time of Contractor's acceptance of said waste, except as explicitly stated herein, for example <br />12 <br />